1 KANSAS DEPARTMENT OF TRANSPORTATION FY 2022 TITLE VI/NONDISCRIMINATION PROGRAM IMPLEMENTATION PLAN PREPARED BY OFFICE OF CIVIL RIGHTS COMPLIANCE October 1, 2021
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KANSAS DEPARTMENT OF TRANSPORTATION
FY 2022
TITLE VI/NONDISCRIMINATION PROGRAM
IMPLEMENTATION PLAN
PREPARED BY OFFICE OF CIVIL RIGHTS COMPLIANCE
October 1, 2021
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KANSAS DEPARTMENT OF TRANSPORATION
TITLE VI / NONDISCRIMINATION PROGRAM
TABLE OF CONTENTS
Title VI / Nondiscrimination (Memo) 3 KDOT Organizational Chart 4 Laws and Regulations 5 Terminology & Acronyms 7 Title VI/Nondiscrimination Policy 8 Complaint Process 15 Title VI Coordinators 16 Limited English Proficiency 18 Appendices A. HHS Poverty Guidelines 29 B. Title VI Assurances 30 C. Title VI Brochure 36 D. Title VI Notice to Public 39
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ORGANIZATION AND RESPONSIBILITIES: The Secretary of Transportation, as the chief executive officer, has the responsibility for all matters relating to civil rights. The Secretary has direct authority and control over the Department’s Title VI/Nondiscrimination functions, which are delegated to the Civil Rights Administrator. The Civil Rights Administrator serves as Director of the Office of Civil Rights Compliance.
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THE LAWS AND REGULATIONS
1964 Civil Rights Act – Titles: Title I - Voting Rights Title II - Public Accommodations Title III - Desegregation of Public Facilities Title IV - Desegregation of Public Education Title V - Commission on Civil Rights (EEOC)
Title VI - Nondiscrimination in Federal Assisted Programs and Activities Title VII - Equal Employment Opportunity Title VIII - Registration and Voting Statistics Title IX - Intervention and Procedure after removal in Civil Rights Cases Title X - Establishment of Community Relations Services Title XI - Miscellaneous Title VI of the Civil Rights Act of 1964: “No person in the United States shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Under this act contracting opportunities are considered a benefit. Denial of contract opportunities based on discrimination is prohibited. Uniform Relocation Assistance and Real Property Acquisition Act of 1970: Prohibits unfair and inequitable treatment of persons displaced or whose property will be acquired as a result of Federal-aid programs and/or projects. Section 504, Rehabilitation Act of 1973: “No qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.” Federal-aid Highway Act of 1973: “No person shall on the grounds of sex be excluded from participation in, be denied the benefits or, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title.”
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Age Discrimination Act of 1975: “No person shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.” Civil Rights Restoration Act of 1987: This act broadens the scope of civil rights to include:
1. All programs and activities of KDOT, 2. All programs, activities, and contacts (in the same geographic area) of
federal-aid contractors and consultants, 3. All programs and activities of any agency or group receiving federal-aid
funds whether such programs, activities or contracts are federally assisted or not.
Title VI Transportation Implementing Regulations: United States Department of Transportation Regulations (49 CFR 21)
Requires Recipient Affirmative Action Requires Recipient Formal Assurance Provides for sanctions in the event of noncompliance Federal Highway Administration Regulations (23 CFR 200)
Requires Recipient Assurance 90-day corrective action requirement Actions and activities to assure compliance
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TITLE VI TERMINOLOGY
Discrimination – Refers to any intentional or unintentional act, or any failure to act, which has the effect of excluding or denying a person from participation in benefits or has otherwise subjected a person to unequal treatment under any program or activity because of race, color, or national origin. Low Income Populations - Person(s) whose household income or community/group whose average household income is at or below the United States Department of Health and Human Services (HHS) Poverty Guidelines. See 2021 Guidelines – Appendix A Minority Populations – Any readily identifiable groups of minority persons living in geographical proximity and similarly affected by a proposed Federal program, policy, or activity. National Origin – means the particular Nation where a person was born, or where the person’s parents or ancestors were born. Recipient – Any state, political subdivision, instrumentality or any public or private agency, institution, department, or other organizational unit, to whom financial assistance is directly extended by a federal agency. Sub-recipient – means any entity that receives federal financial assistance through a primary recipient.
TITLE VI ACRONYMS
LEP – Limited English Proficiency MPO – Metropolitan Planning Organization SIP - State Improvement Plan STIP - Statewide Transportation Improvement Program TIP – Transportation Improvement Program
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TITLE VI/NONDISCRIMINATION
POLICY: It is the policy of the Kansas Department of Transportation: A. To ensure, in all programs and activities to the maximum possible extent,
compliance with Title VI of the Civil rights Act of 1964, 49 CFR Part 21; and related statutes and regulations;
B. To assess all plans and proposals so that no person shall be excluded from participation in, be denied the benefits of, or in any manner discriminated against or treated inequitably by reason of the person’s race, color, sex, national origin, or veteran’s status under any department program or activity receiving federal financial assistance;
C. To identify and eliminate discrimination where found to exist within any program or activity of the Department;
D. To develop and implement policies and procedures or to amend existing procedures to comply with Title VI requirements; and
E. To promptly resolve conditions of inadequacy or non-compliance. ASSURANCES: Signed “assurances” are required of each state highway agency (SHA) by Title 49, Code of Federal Regulations, Part 21 (49 CFR 21) and related statutes and regulations. These are necessary to implement the foregoing policy. Title VI/Nondiscrimination assurances identify the major transportation operational areas where extensive exclusion, adverse and/or disparate impact and denial of benefits may occur. Understanding of the Title VI assurances is vital to all parties in carrying out operational responsibilities within the Department, and should distinguish the difference between EEO, Title VI, and other civil rights areas. Title VI/Nondiscrimination does not apply to employment matters except in two instances: A. When the primary objective of a federally assisted program is to provide
employment (as in Appalachia); or, B. When discrimination has been found in a program and the employment
posture of the administrating unit is found to be a significant contributing factor in inhibiting and contrary to Title VI/Nondiscrimination policy.
The most recent Title VI Assurances were signed by Kansas Secretary of Transportation & Director of Kansas Turnpike Authority, Julie Lorenz, on September 16, 2021. See Appendix B The Office of Civil Rights Compliance is responsible for initiating and monitoring KDOT’s Title VI/Nondiscrimination activities and preparing required reports. Principal responsibilities include:
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A. Developing and implementing procedures for the prompt processing of discrimination complaints,
B. Coordinating Title VI/Nondiscrimination program development with KDOT managers,
C. Conducting Title VI/Nondiscrimination reviews of cities, counties, planning agencies and other recipients of federal-aid highway funds,
D. Reviewing with managers Title VI/Nondiscrimination issues that apply to their activities,
E. Conducting Title VI/Nondiscrimination orientation and training for managers or designated subordinates, civil rights personnel, and others,
F. Preparing a periodic report of Title VI/Nondiscrimination accomplishments and setting of goals for the following year,
G. Participating with KDOT managers in developing Title VI/Nondiscrimination information to disseminate to the public. See Appendix C – Title VI Brochure
H. Conducting reviews of work unit activities when necessary to cover Title VI/Nondiscrimination Assisting KDOT managers in correcting identified Title VI/Nondiscrimination problems.
PUBLIC NOTICE: A public notice of Title VI Rights (Appendix D) can be found on the KDOT website and on the official bulletin board located in the Eisenhower State Office Building. The notice contains directions on how to file a complaint. The Title VI Complaint Process and Complaint form can be found on the KDOT website. Individual transit agencies and MPOs are responsible for posting similar public information at their facilities and websites. Title VI Rights Brochures (Appendix C) also contain information how to file a complaint. The brochures are distributed at KDOT public meetings, Title VI reviews, and through Local Public Agencies. In addition, the brochures can be downloaded from the KDOT website for public use. DATA COLLECTION: The following is a list of the types of data KDOT may keep on each project or program: A. What services, benefits, or impacts will be provided by this project or
program? B. Who or what groups of people will be impacted by the project or program? C. A population breakdown by race, color, sex, national origin, and income
status for the affected area. D. Are bilingual employees needed in this area? E. The location of existing facilities (stores, doctor, school, public buildings,
recreation, etc.) and if easy access will be limited or denied. F. The steps used in the relocation process. G. Other demographic maps, racial composition, or census data about the
affected area. MONITORING AND REVIEW PROCESS: The following are examples of specific activities, which may be undertaken to monitor Title VI/Nondiscrimination issues. The Civil Rights Administrator will prioritize activities.
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A. Identification of Impacts:
1) Assist managers in identifying Title VI/Nondiscrimination impacts on proposed projects.
2) Attend meetings of managers during the early development of environmental assessments of projects.
3) Review procedures in identifying and considering impacts of projects on communities.
B. Public Involvement:
1) Assist in obtaining public involvement, when applicable. 2) Attend meetings involving Title VI/Nondiscrimination issues. 3) Assist in the development of Title VI/Nondiscrimination information for
the public in languages other than English, when necessary.
C. Benefits and Services:
1) Accompany right-of-way staff to compare treatment received by all people, especially minorities and females.
2) Review appraisal, acquisition, and relocation procedures to assure equitable benefits and services to all property owners.
See brochures: ACQUISITION, Real Property Acquisition for Kansas Highways, Roads, Streets and Bridges, dated April 2015. http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burROW/PDF_Files?AcquisitionWCover.pdf RELOCATION, Your Rights and Benefits as a Displaced Person under the Federal Relocation Assistance Programs, dated October 2014. http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burRow/Relocation.pdf
D. Contracting:
1) Review consultant selection procedures. 2) Review the monitoring of consultants for Title VI/Nondiscrimination
compliance. 3) Assist in identifying minority and female appraisers. 4) Review contractor prequalification procedures and determine
uniformity to all contractors. 5) Ensure monitoring procedures during construction are not
discriminatory.
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6) Ensure inclusion of Title VI/Nondiscrimination in all contracts and supply agreements.
E. Research:
1) Assist in identifying minority and female researchers. 2) Review the monitoring for Title VI /Nondiscrimination compliance by
researchers.
F. Management:
KDOT managers have the following responsibilities in daily monitoring activities:
1) Maintain statistical data by race and sex of participants and beneficiaries
of KDOT’s programs. 2) Ensure Title VI/Nondiscrimination requirements are included in directives
and that procedures used will prevent discrimination. 3) Advise External EEO Officer of discrimination complaints or problems. 4) Cooperate with Title VI/Nondiscrimination reviews and comply with report
findings. REVIEWS OF CITIES AND COUNTIES: KDOT must assure that the benefits of federal-aid programs are provided to all eligible beneficiaries on a basis that is quantitatively proportionate and qualitatively equivalent. The goal of the reviewer is to point out deficiencies and assist the recipient to achieve compliance, not to find discrimination.
A. Develop data to identify first-class cities in Kansas by population size. 10,000
would be the smallest area reviewed. B. Develop data to identify counties in Kansas by population size. 20,000 would
be the smallest area reviewed. C. Identify the recipient’s use of the funds (such as right-of-way, construction,
etc.) D. Note the total population, the minority population, and the distribution of the
minority population. E. Note the significant social impact of projects. F. The review questionnaire should be directed to the type of activity being done
with federal funds (research, engineering, etc.). G. Reviews should be scheduled with cities or counties utilizing federal-aid funds
at the current time and with a significant minority population that could be impacted.
H. During the review, the following documents should be examined:
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1) Copy of the agreement between the city/county and KDOT to check for Title VI/Nondiscrimination references.
2) List of consultants being utilized for federal-aid projects. 3) Documentation of efforts to identify and utilize minority and female
consultants, if applicable. 4) Copy of the city/county consultant contracts to check for Title
VI/Nondiscrimination references. 5) Information on city/county effort to involve minorities and females in
preliminary engineering, if applicable. 6) If any deficiencies are noted, KDOT should make every effort to assist the
city/county in its corrective measures. 7) All review activity completed by KDOT is reported in the Title VI Report to
FHWA annually.
REVIEWS OF CONSULTANTS: Consultants that are subject to Title VI/Nondiscrimination review have contracts with KDOT, or a city/county, or are financed with federal-aid funds. The review will not look at employment practices, but rather an examination of specific activities to ensure nondiscrimination (to the extent possible) in the benefits and services of its contract. Priority should be given to consultants whose studies will impact high minority areas. The review should concentrate on the consultant’s efforts to ensure input and/or participation by those affected by the project. REVIEWS OF METROPOLITAN PLANNING ORGANIZATIONS:
A. Review list of documents: 1) Title VI plan 2) Title VI Assurances 3) Title VI complaint procedure 4) Limited English Proficiency (LEP) plan
B. How the public is notified of the identity of the Title VI Coordinator in the event questions or complaints arise.
C. The methods used to inform the public of their rights under Title VI as it relates to the MPO’s transportation planning process.
D. Information on the members of the MPO Policy Body and Technical Advisory Committee, method of selection and the jurisdiction each member represents.
E. What the total dollar amount of Consolidated Planning Grant (CPG) funds received annually by the MPO from KDOT.
F. Information on consultant contracts during this review period. G. Efforts made to utilize DBE firms in the MPO’s federally funded contracts. H. Strategies for public involvement/participation. I. Methods used to inform low-income and minority communities of planning
efforts for transportation related services and/or improvements. J. Information regarding Title VI complaints during the review period.
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K. Describe Title VI training that was attended by MPO staff during this review period. Describe participation in any other kind of civil rights training (e.g., title and course content), and provide a list of participants by job title (e.g., supervisor, manager, etc.)
L. Review of Title VI plan to assure it meets all FTA Circular 4702.1B Requirements.
REVIEWS OF DEMAND AND FIXED ROUTE TRANSIT PROVIDERS: Note: KDOT does not provide fixed route transportation. KDOT does monitor the transit providers who provide fixed routes by: KDOT Reviews the Title VI Plan of demand and fixed route transit providers to confirm each contains the following:
A. Title VI Assurance B. Title VI Notice to Public C. Public Participation Plan (PPP) D. Limited English Proficiency Plan (LEP) E. Title VI Complaint Procedures F. Title VI Complaint Form G. List of transit-related Title VI investigations, complaints, and lawsuits H. Table of membership of non-elected boards and committees (as appropriate) I. Copy of minutes, resolution, or other documentation showing approval of Title
VI Program J. Title VI equity analysis (as appropriate) K. Service Standards (fixed route providers) L. Service Policies (fixed route providers)
REVIEWS OF SUBRECEIPENTS: Subrecipients receiving federal funds for programs such as DBE supportive services, OJT support services, and NSTI will periodically be reviewed to assure nondiscrimination in their respective programs. Items to be monitored:
A. Steps taken to ensure nondiscrimination in all programs, operations, and activities of the respective program.
B. What actions are taken to improve diversity and inclusion of minorities, women and other disadvantaged individuals in their program and activities.
C. Does the program provide taxi coupons or other transportation assistance for the elderly and citizens with disabilities?
SANCTIONS: In the event the Kansas Department of Transportation fails or refuses to comply with the terms of this plan, USDOT FHWA may take any or all of the following actions:
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1. Cancel, terminate, or suspend this plan in whole or in part; 2. Refrain from extending any further assistance to the Kansas Department of
Transportation under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Kansas Department of Transportation.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Kansas Department of Transportation.
4. Refer the case to the Department of Justice for appropriate legal proceedings.
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COMPLAINT PROCESS
Any external Title VI complaints alleging discrimination, violation of civil rights or non-compliance with civil rights requirements shall receive prompt attention. Once a Title VI complaint has been filed with KDOT, the complaint will be forwarded to the Kansas Federal Highway Administration Division Office. The FHWA Division office will then process and investigate the complaint.
KANSAS DEPARTMENT OF TRANSPORTATION
COMPLAINT FORM
Date Rec’d: Case No.
Name: _________________________________________ Address: _______________________________________ City & Zip: ______________________________________ Telephone: _____________________________________
Cause of Discrimination (check one):
o Race
o Color
o National Origin
o Age
o Sex
Who discriminated against you: Name: ___________________________________________________________________________________________
Title: ____________________________________________________________________________________________
Employer: ________________________________________________________________________________________
Project: __________________________________________________________________________________________
Date(s) of Discrimination: ____________________________________________________________________________
Explain the problem:
What would be a reasonable settlement of your charge:
I swear that the charge as listed is true to the best of my knowledge, information and belief.
________________________________________ _______________________________ (Signature) (Date) ________________________________________ _______________________________
(County) (State) SUBSCRIBED AND SWORN TO before me this __________ day of ___________________________ 20________. My commission expires ______________, 20________. Notary Public. ________________________________. Rev. 03/08
KDOT Form 1001
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KDOT Title VI Coordinators
Program Area Name Phone Email
KDOT Title VI Specialist
Deb Dillner
(785) 296-6677
Division of Administration
Jessica Mills
(785) 296-1841
Division of Aviation/Fiscal & Asset Management/Policy
Leah Hubbard
(785) 296-2669
Division of Communications & Public Relations
Ann Melton
(785) 409-2190
Division of Innovative Technologies
Matt Stormer
(785) 296-0937
Division of Planning & Development
Allison Smith
(785) 296-0341
Division of Program & Project Management
Kris Norton
(785) 368-6429
Division of Safety
Tammi Clark
(785) 296-8164
Bureau of Construction & Materials
Blair Heptig
(785) 296-1196
Bureau of Local Projects
Mike Stringer
(785) 296-3784
Bureau of Maintenance
Clay Adams
(785) 296-3233
Bureau of Research
Sally Mayer
(785) 291-3843
Bureau of Right of Way
Polly Jones
(785) 296-6941
Bureau of Road Design
Steve Rockers
(785) 296-1004
Bureau of Structures & Geotechnical Services
Dominique Shannon
(785) 296-3347
District 1 Michelle Anschutz
(785) 296-0311
District 2
Jaci Novak
(785) 823-3754
District 3
Rob Percival
(785) 877-3315
District 4
Kristy Kelley
(620) 431-1000
District 5
Susan Turner
(316) 744-1271
District 6
Lisa Knoll
(620) 276-3241
Revised January 7, 2021
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TITLE VI COORDINATOR TRAINING AND RESPONSIBILITIES
Training: The Office of Civil Rights Compliance will present, in conjunction with FHWA, periodic training on Title VI and Environmental Justice issues. This training course will:
• Define Environmental Justice and Title VI of the Civil Rights Act of 1964.
• Explain the relationship between Environmental Justice and Title VI.
• List and explain the fundamental principles of Environmental Justice.
• Learn how to apply the principles of Environmental Justice.
• Explain why the accomplishment of Environmental Justice applies to every stage of transportation decision making and how it improves decision making.
• Describe the benefits of Environmental Justice in transportation decision making and the opportunities for partnership among all stakeholders.
• Develop proactive strategies, methods, and technique to integrate Environmental Justice in transportation decision making.
Reports: Each year, the Office of Civil Rights Compliance prepares a Title VI report for FHWA. Every three years, an updated Title VI Plan will be prepared for FTA. These reports serve as an assurance to FHWA, FTA and other governmental bodies that KDOT is taking measures to assure that we are not discriminating in the products or services that we provide. It includes such information as:
• KDOT’s Title VI Policy
• Summarized Title VI Reviews performed on Cities, Counties, Subrecipients and MPOs and findings, if any, during the reporting period.
• Title VI Accomplishments by various areas of KDOT during the reporting period.
• Title VI Goals for various areas of KDOT for the next reporting period.
• Details of Title VI Complaints received during the reporting period and findings for each.
• ADA Coordinator report
• Limited English Proficiency (LEP) report
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LIMITED ENGLISH PROFICIENCY (LEP)
Purpose The Kansas Department of Transportation and those receiving assistance from the federal government must take reasonable steps to ensure that Limited English Proficiency (LEP) persons have meaningful access to the programs, services, and information those entities provide. This will require recipients to create solutions to address the needs of this ever-growing population of individuals, for whom English is not their primary language. Who is a Limited English Proficient Person? Persons who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English can be limited English proficient, or “LEP”. These individuals may be entitled to language assistance with respect to a particular type of service, benefit, or encounter. These services are provided free of charge to the public and this notice is provided on all public meeting notices, is posted on KDOT’s website, and on the official bulletin board located in the Eisenhower State Office Building. Examples of populations likely to include LEP persons who are served or encountered by the Kansas Department of Transportation recipients and should be considered when planning language services include, but are not limited to:
• Public transportation passengers
• Persons who apply for a driver’s license at the department of motor vehicles
• Persons subject to the control of Kansas or local transportation enforcement authorities
• Persons served by emergency transportation response programs
• Persons living in areas affected or potentially affect by transportation projects
• Business owners who apply to participate in the Kansas Disadvantaged Business Enterprise program
Authorities Title VI of the 1964 Civil Rights Act “No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 U.S.C 2000d)
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Executive Order 13166 On August 11, 2000, President Clinton signed Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." The Executive Order requires Federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. It is expected that agency plans will provide for such meaningful access consistent with, and without unduly burdening, the fundamental mission of the agency. The Executive Order also requires that the Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries. Who must comply? All programs and operations of entities that receive assistance from the federal government (i.e., recipients), including:
• State agencies (i.e., Kansas Dept of Transportation)
• Local agencies
• Private and nonprofit entities
• Sub recipients (entities that receive federal funding from one of the recipients listed above) also must comply.
• All programs and operations of the federal government also must comply. Other Legal Authorities FHWA Title VI Regulation, 23 CFR 200 USDOT Title VI Regulations, 49 CFR 21 USDOT LEP Guidelines, 70 FR 74087 (Dec. 14, 2005) Four-Factor Analysis KDOT has an obligation to reduce language barriers that can preclude meaningful access by LEP persons to important transportation services. KDOT has assessed the following four factors: Factor One: The number or proportion of LEP persons served or likely to be encountered in the eligible KDOT service population In an effort to determine LEP persons in Kansas, KDOT collected data from several sources. Available data illustrated:
The Total Population in Kansas is 2,895,801 according to the 2013 U.S. Census Bureau. (2,665,346 are over the age of 5 years old). The 2013 Census estimates that 293,188 people, or 11% of our total population, speak a language other than English at home (population 5 years and over).
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In 2013, the U.S. Census indicated there were 2,665,346 people over the age of 5 living in Kansas. Of those, the Census identified 120,275 persons (or 4.5%) who speak English less than “very well”. The languages spoken were identified as:
Spanish or Spanish Creole 85,065 Other Indo-European language 7,739 Asian or Pacific Island language 23,498 Other language 3,973
Total 120,275 Initially, we identified the seven counties with the largest number of individuals who speak English less than “very well” in Kansas to be: Sedgwick, Johnson, Wyandotte, Finney, Shawnee, Seward, and Ford. Because of previous court rulings, we wanted to also consider the fact that the following six counties in Kansas have been designated as Covered Areas for Voting Rights Bilingual Election Materials – Under the Voting Rights Act Amendments of 1992, Determinations Under Section 203 of the Federal Register/Vol. 67, No. 144/Notices. Section 203 mandates that a state or political subdivision must provide language assistance to voters if more than 5 percent of the voting age citizens are members of a single-language minority group who do not “speak or understand English adequately enough to participate in the electoral process” and if the rate of those citizens who have not completed the fifth grade is higher than the national rate of voting age citizens who have not completed the fifth grade. When a state is covered for a particular language minority group, an exception is made for any political subdivision in which less than 5 percent of the voting age citizens are members of the minority group and are limited in English proficiency, unless the political subdivision is covered independently. A political subdivision also is covered if more than 10,000 of the voting age citizens are members of a single-language minority group, do not “speak or understand English adequately enough to participate in the electoral process,” and the rate of those citizens who have not completed the fifth grade is higher than the national rate of voting age citizens who have not completed the fifth grade. The political subdivisions obligated to comply with the language assistance provisions of Section 203 are listed below: County Group Finney Hispanic Ford Hispanic Grant Hispanic Haskell Hispanic Kearny Hispanic Seward Hispanic
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Because of the Court’s determination of language assistance eligibility in the above counties, we have determined that it is reasonable to include these counties for transportation language assistance consideration as well. It is reasonable to conclude that those individuals who are 18 years and over and are registered to vote are also likely to be involved in the public input process of transportation planning. Therefore, combining these two groups of counties, the counties LEP individuals are most likely to be encountered based on residence are: Language Spoken at Home for the Citizen Population 18 years and over who Speak English Less Than “Very Well”
County Total Spanish/Spanish Creole
Indo European
Asian Pacific Island
Other
Sedgwick 20,655 13,023 936 6,157 545
Johnson 16,807 9,929 1,833 4,108 937
Wyandotte 15,199 13,005 285 1,587 322
Ford 5,406 5,074 8 106 218
Seward 5,248 4,754 86 265 143
Finney 5,038 4,239 46 542 211
Shawnee 4,001 3,433 146 366 56
Grant 884 866 17 0 1
Haskell 328 261 64 3 0
Kearny 273 273 0 0 0
A comparison of the languages spoken at home (18-64 years old and speak English less than very well) to the county population:
County Total Pop. (2013 US
Census)
Spanish or Spanish
Creole
% of County
Pop.
Finney 33,354 4,239 12.7
Ford 30,920 5,074 16.4
Grant 7,162 866 12.1
Haskell 3,942 261 6.6
Johnson 514,305 9,929 1.9
Kearny 3,648 273 7.5
Sedgwick 461,842 13,023 2.8
Seward 20,787 4,754 22.9
Shawnee 166,126 3,433 2.1
Wyandotte 144,677 13,005 9.0
County Total Pop.
(2013 US Census)
Indo
European
% of
County Pop.
Finney 33,354 46 .1
Ford 30,920 8 -
Grant 7,162 17 .2
Haskell 3,942 64 1.6
Johnson 514,305 1,833 .4
Kearny 3,648 0 -
Sedgwick 461,842 936 .2
Seward 20,787 86 .4
Shawnee 166,126 146 -
Wyandotte 144,677 285 .2
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County Total Pop. (2013 US
Census)
Asian Pacific
Island
% of County
Pop.
Finney 33,354 542 1.6
Ford 30,920 106 .3
Grant 7,162 0 -
Haskell 3,942 3 -
Johnson 514,305 4,108 .8
Kearny 3,648 0 -
Sedgwick 461,842 6,157 1.3
Seward 20,787 265 1.3
Shawnee 166,126 366 .2
Wyandotte 144,677 1,587 1.2
Based on these calculations by county and broken down by language spoken, the following counties reveal that 5 or more percent of the county does not speak English “very well” and speak a common language other than English: Finney, Ford, Grant, Haskell, Kearny, Seward, and Wyandotte The common language spoken is Spanish or Spanish Creole. Factor Two: The frequency with which LEP individuals come in contact with KDOT programs, activities, or services KDOT has and will continue to provide whatever services were needed to enable communications with the traveling public free of charge. Estimated future LEP Contact: approximately five contacts per year. Factor Three: The nature and importance of program, activity, or services provided by KDOT. Safe Harbor Provision: KDOT has identified several counties with an eligible LEP language group. The eligible LEP language group is Spanish/Spanish Creole. To provide a Safe Harbor for the affected population, KDOT has the following translated vital public documents in Spanish: For the traveling population:
Driver safety information – DUI, texting Motorcycle driving & safety awareness Passenger safety information - car seats Notice of person’s rights under Title VI Complaint information Transit route information Public Notice Announcements for Construction Projects
County Total Pop.
(2013 US Census))
Other % of
County Pop.
Finney 33,354 211 .6
Ford 30,920 218 .7
Grant 7,162 1 -
Haskell 3,942 0 -
Johnson 514,305 937 .2
Kearny 3,648 0 -
Sedgwick 461,842 545 .1
Seward 20,787 143 .7
Shawnee 166,126 56 -
Wyandotte 144,677 322 .2
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For the construction workers on federal and state funded projects: EEO Jobsite posters Wage rate interview questionnaire EEO worker interview
The above referenced documents are available statewide. KDOT has also identified the following as core documents: TIP (Transportation Improvement Program), STIP (Statewide Transportation Improvement Program) and our PPP (Public Participation Program). Because these documents are accessible on-line, translation applications such as Google Translate provide a viable option to those interested in viewing these documents in languages other than English. KDOT employees provide timely language assistance by utilizing contracted “on-demand” telephonic interpreter services. Transit Providers: All transit providers are required to provide specific documents for their transit users. These documents include items such as application forms, route information, notices of route changes, etc. The providers identify their LEP population in their Title VI plan and provide language assistance as needed for their commuters free of charge. Traffic Safety Section: KDOT Traffic Safety Section (TSS) has determined that the minority population including the LEP drivers, in Kansas, is a High-Risk segment of the driving population. To reach out to the LEP drivers and as a response to requests, TSS has taken the initiative to translate their safety messages into Spanish as they are developed and/or updated. In addition, the TSS has translated their Mission Statement, on their internet website, into Spanish. TSS opened their Traffic Safety Resource Office in October 2007. One of their five staff is bilingual in Spanish and English. This dedicated staff reaches out to Kansas residents, including the Latino community, to further increase awareness of traffic safety issues, education on impaired driving, motorcycle safety & awareness and novice drivers. Internal EEO Officer: A telephonic interpreter service is available for use when conversing with our customers who are non-English speakers. Each program area of the KDOT have been instructed to contract with a translation service that best fits their needs from the list of services available through the State of Kansas Department of Administration. Each of the translation services provide a variety of written, oral, and/or video translation services.
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If a Sign language interpreter is requested, the agency contacts the Kansas Commission for the Deaf and Hard of Hearing for assistance in locating an interpreter. Braille transcription services and production of brochures in Braille is available to KDOT through the State Library of Kansas for those visually impaired. The Office of Civil Rights Compliance: The Office of Civil Rights Compliance monitors the job-site posters on KDOT construction projects. This office maintains a limited inventory of these posters and the majority are available in both English and Spanish. These posters are provided to contractors during pre-construction meetings and on an “as-needed” basis. Posters are also available electronically. Bureau of Right of Way KDOT takes the measures necessary to work with the public the staff in Right of Way (ROW) encounters in administering the Relocation Assistance Program. Typically, it has not been necessary to hire an outside translator because ROW has always been able to utilize a KDOT staff member that is bilingual or the constituent has had a family member or friend who was able to assist in translation. The KDOT ROW utilizes an informational brochure that describes the rights and benefits of a person being displaced. The brochure: “RELOCATION Your Rights and Benefits as a Displaced Person Under the Federal Relocation Assistance Program” is available in English and Spanish. KDOT ROW staff is trained to communicate in the simplest level to those they are working with, especially with persons who may be relocated or otherwise displaced. If information is needed in Spanish or other language, ROW will consult with FHWA, HUD and other state ROW departments to find the tool or service to fill the need. . Bureau of Construction and Materials KDOT takes the necessary actions to address communication problems as they are encountered. Increasingly, contractors working on KDOT projects have crews that consist of persons who speak a language other than English. Most often, they speak Spanish. KDOT relies on that contractor’s foreman or supervisor to assist with translation. Telephonic interpreter services can also be utilized as needed. KDOT recognizes the higher likelihood of encountering Spanish speaking individuals in District 6, southwest Kansas (see Finney, Ford, Grant, Haskell, Kearney, and Seward County) and provides a Safe Harbor by making Public Announcements for Projects in both English and Spanish. Spanish interpreters are available to assist as needed or requested.
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The Flagger Handbook is available and provided to contractor’s personnel in both English and Spanish. Factor Four: The resources available to recipient and costs. Utilization of State contract for telephonic/written/video interpreter services. Effective February 1, 2020, the State of Kansas bid a contact for Translation and Interpretation Services that is a Mandatory Statewide Optional Use Contract. This means that the contract is mandatory; however, each agency has the choice as to which vendor to use. The new contract covers the following services:
• Document Translation
• Braille Document Conversion
• Onsite Spoken Interpretation
• Video Remote Interpretation
• Sign Language Interpretation Services
• CART (Realtime) Services
• Document Conversion The attached table was provided by the Kansas Department of Administration and provides a list of all vendors. To search the individual vender contracts, go to http://da.ks.gov/purch/Contracts/ and type the specific contract number into the appropriate box and search. This will bring up the details for that vendor. There are five contracted vendors who offer telephone conferencing / over-the-phone interpreting. The Office of Chief Counsel and Office of Civil Rights Compliance selected Contract No. 48068 Language Line Services, Inc. as they had a cheaper rate and provided coverage for the Capital Region. The translation service contract option information was forwarded to all program areas of KDOT. Utilization of in-house print shop to print brochures in languages other than English. The in-house print shop prints the KDOT Title VI “Your Rights” brochures printed in English and Spanish for distribution at public meetings, public hearings, and informational kiosks at city and county municipalities. Cost: Little or no additional cost other than the standard cost of printing of the brochure.
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Public Transportation Safety Messages translated into languages other than English. There is an initial cost when a new document is translated into a language other than English. Generally, a contractor is selected for this service and that cost is considered when the work RFQ is proposed. Printing cost: there is little or no additional cost other than the standard cost of printing of the safety message. Public Announcements translated into languages other than English. Whenever public meetings or hearings are planned for community with an increased likelihood that individuals who speak a language other than English are encouraged to attend, public announcements will be published in English and in the language deemed most likely to be encountered for that community. For example, Notices published in English and Spanish. Cost: The advertising cost is generally doubled because most advertising is sold by the linear inch and the Notice is essentially being repeated. KDOT Learning Center Courses. KDOT has an on-line course to teach Construction Spanish. The course contains 17 different modules and is available agency wide. Cost: Available at no cost to KDOT employees. Construction Spanish Dictionary Small pocket-sized dictionary with construction words and phrases in both English and Spanish. SPANISH ENGLISH CONSTRUCTION DICTIONARY 2ND EDITION. Cost: Available through the Associated General Contractors of America (AGC) Item #5099 $23.95 to members; $53.85 to non-members; and Kansas Contractors Association (KCA) $17.96 to members. Sign Language Interpreter Contact the Kansas Commission for the Deaf and Hard of Hearing. Cost: Hourly rate plus mileage
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Braille Services The State Library of Kansas provides Braille transcription and production services for state agencies that need their brochures or other shorter documents printed in Braille. If the State Library of Kansas is not able to do the transcription, a list of referrals to other organizations can be provided. Cost: No cost to agency for basic brochures or shorter documents. There may be material costs for larger documents. KDOT will contact the State Library of Kansas for details when needed. Hearing and/or speech Disabilities The Kansas Relay Center facilities communication with Kansans that have hearing and/or speech disabilities. These persons communicate with a telecommunications device for the deaf (TDD), a combination telephone/typewriter that enables the individual to type out his or her portion of the conversation. Other forms of TDDs include teletypewriters and compatible personal computers with modems. Cost: Both speech/hearing disabled and hearing Kansans can access the Kansas Relay Center by calling a toll-free number. Monitoring
1. Data collection at KDOT:
A. The Title VI Coordinators will report occurrences of contact with LEP individuals in their respective district or bureau.
B. The Title VI Coordinators will monitor usage of telephonic interpreter services utilized for interpretation or translation. Information to be tracked can include: Office or department requesting the service, what service was requested, time involved and cost.
This data will be included in annual LEP Plan updates.
2. Periodically assessing changes in:
A. Current LEP populations in Kansas affected or encountered B. Frequency of encounters with LEP language groups C. Nature and importance of activities to LEP persons D. Availability of resources, including technological advances and sources
of additional resources, and the costs imposed E. Whether existing assistance is meeting the needs of LEP persons F. Whether KDOT staff knows and understands the LEP plan and how to
implement it G. Whether identified sources for assistance are still available and viable.
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3. Complaint Procedure A. Individuals wishing to file an LEP complaint may use KDOT Form
Number 1001 “Kansas Department of Transportation Complaint Form”. B. LEP complaints will be processed following the complaint procedure
established for discrimination complaints.
LEP Training
1. Periodically, approximately every three years, the Office of Civil Rights Compliance provides civil rights training for field construction staff. This training includes a segment on Title VI and LEP.
2. Annually KDOT Office of Civil Rights Compliance personnel attend
construction and maintenance district meetings. They briefly present Title VI topics. The KDOT OCR staff are available to answer any civil rights or contract compliance questions from the field personnel.
3. Title VI Coordinators throughout the agency receive periodic in-depth Title VI
training.
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APPENDICES
APPENDIX A
2021 HHS Poverty Guidelines Effective January 13, 2021
SOURCE: Federal Register, Vol. 86, No. 19, February 1, 2021, pp. 7732-7734
Persons in Family or Household
48 Contiguous States and D.C. Alaska Hawaii
1 $12,880 $16,090 $14,820
2 17,420 21,770 20,040
3 21,960 27,450 25,260
4 26,500 33,130 30,480
5 31,040 38,810 35,700
6 35,580 44,490 40,920
7 40,120 50,170 46,140
8 44,660 55,850 51,360
For each additional person, add
4,540 5,680 5,220
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APPENDIX B
31
32
33
34
35
36
APPENDIX C
Title VI Brochure – Outside & Inside views (Printed two-sided & tri-folded)
The Title VI Brochure is available in English and Spanish.
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38
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APPENDIX D
Title VI Notice to Public
Notifying the Public of Rights Under Title VI
Kansas Department of Transportation
• The Kansas Department of Transportation (KDOT) operates its programs and services without regard to
race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint
with KDOT. • For more information on KDOT’s civil rights program, and the
procedures to file a complaint, contact 800-854-3613; (Hearing Impaired 711); email [email protected]; or visit our administrative
office at 700 SW Harrison Street, 3rd Floor West, Topeka, Kansas 66603. For more information, visit www.ksdot.org
• A complainant may file a complaint directly with the U.S. Department of Transportation by filing a complaint with the Office of Civil Rights,
Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC 20590
• If information is needed in another language, contact 800-854-3613.
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